Jenings, Edmund (fl. 1752) [Prepared statement and depositions in case of Brown vs. Payne]

To the Honourable Sir William Gooch Baronet. Lieutenant Governor of Virginia And the Rest of
the Judges of the General Court in Chancery Sitting -
Humbly Complaining Shewth unto your Honours your Orator William Brown Junior That a certain Nathaniel Brown deceased in his life time to wit on the twenty eighth Day of May One Thousand seven Hundred and forty one made an Entry in the Office of the Right Honourable the
Lord Proprietary of the North Neck in this Colony for four hundred Acres of Land joining Robinson and afterwards Obtained a Warrant for the Surveying the same which said Survey was
made and returned And the said William Nathaniel Brown [illegible] with all Rights and Payments. Requisites for the Intituling him to the said four Hundred Acres And - accordingly a Deed or Patent dated the twenty sixth Day of November One Thousand seven Hundred and forty two was made for the Vesting an Estate of Fee Simple in and to the said four Hundred Acres in the said Nathaniel Brown As by the said Entry Warrant and Survey and Patent Relation being thereto had and to which your Orator prays Leave to Refer may appear But before the said Nathaniel Brown received the said Deed or Patent from the said Office he Dyed Intestate leaving Susannah his Widow herein after mentioned And Only one Child which said Child afterwards Dyed Intestate and without Issue whereby your Orator as Brother of the whole Blood to the sd. Nathaniel and Heir at Law as well to the said Nathaniel as to the said Child of the said Nathaniel became Intituled to the said four Hundred Acres But Now so it is May it Please your Honours that the said Susannah after the Death of the said Nathaniel applyed to the said Office and under some [2] unjust and false Suggestion Procured a Patent or Grant of the said Land to be made in her own Name and Received the same out of the said Office Whereas the Grant of afsd. made in the name of the said Nathaniel was Cancelled or Detained in the said Office from the Possession of your Orator And the said Susannah afterwards Intermarryed with a Certain William Payne who together with the said Susannah Conveyed the said Land to a certain David Davis for some Pretended Consideration Whereas your Orator Expressly Charges that the said David Davis.
before the said Conveyanceor Payment of all or any of the Consideration Money either knew was informed of heard or believed the said Land had been before or Entered or Surveyed for the said Nathaniel Brown in tendor Consideration Therefore of the Promises and Forasmuch as matters of Fraud Trust and Discovery are properly Cognizable in this Honourable Court To the end therefore that the said William Payne and Susannah his Wife and - David Davis and every of them may [illegible] Perfect [illegible phrase] to all and singular the Premises as if the same were herein again particularly Interrogated and Repeated and more Particularly that they and every of them may set forth whether they or either of which of them doth not know believe or hath heard that the said Nathaniel Brown made such Entry and Obtained such Warrant[,] Survey and Patent or either and which of them for the said Land as afsd. whether the said Nathaniel did not dye leaving such Widow and Child as afsd. whether the said Nathaniel did not dye without Issue and Intestate and the said Widow Intermarry with the said Payne whether your Orator is not Heir at Law to the said Child as well as to the said Nathaniel whether the said Susannah did not and upon what Pretence Obtained such Grant from the said Office and the sd. William Payne for any & what Consideration
and Susannah afterwards Conveyed the said Land to the said David Davis and whether the said David Davis hath at any and what time Actually and Bona fide paid any and what part of the said Consideration Money for the said Land and that a Reconveyance of the said Land may be made to [3] Your Orator and your Orator further and otherways Relieved in the Premisses according to Equity and good Conscience [it seems like the rest of document is in a diferent hand:] May It Please your Honours to grant unto your Orator this may his wife Gracious writ or writs of Subponea to be [illegible phrase] sd. Wm. And Susanah Payne And David Davis thereby [illegible] them & Every of [text loss] appear before your Honours in [text loss] at a Certain day & under a certain [illegible] therein to be limitted & appointed And has & perfect Answer upon their & Every of their Corporate [illegible] to [illegible] to all & singular His proprietor and further to stand to & abide such order & [text loss]
And your [illegible] hath pray &c,
Edm: Jenings

[4] The deposition of Wm. Brown father to the Plt. & Nathaniel Brown decd. aged Sixty Seven & upwards being sworn saith, that his son Wm. Brown the [illegible] is the Lawfull heir to the said

Nathaniel Brown decd. And further this depet. saith the widow of the said Nathaniel Brown never applied to this depet. for Money to clear out the proprietors deed gratned the aforesd. Natl. Brown deceased And further this depet. saith that he understands the sd. widow has charged him with concealing part of the sd. Natl. Browns Estate, which this depet. saith if he bought part of the said Estate wch. was Indebted to this depet. And that this & the said widow never affor'd to come to a settlement with this depet. And further this depet. saith not
Wm. Brown
Sworn to before before this 6th/ Day of Decr. 1752./ Andw. Monroe/ Augst. Washington
The Deposition of William Rowe aged Forth Eight or thereabout being sworn saith that William Brown the Plt. is now the appearant Lawfull heir to Nathanl. Brown decd. And further this depet. saith not
Wm. Rowe/ Sworn to before us this 6th Day of/ Decr. 1752/ Andw. Monroe/ Augst. Washington
[docket #1:]
Brown's Dept./ not to be [illegible]/ [docket #2:]/ 1 2 3/ Brown vs Bill Payne &c/ Title [illegible] bill/ EJ/ Decr. 1754

Sit for Hearing/ April 1755 - Cont./ Oct. - Cont. April 1756. Com. &c Oct. 1756/ Decree & [illegible]/ 5th December 1749/ [illegible]/ 36. [illegible]/ Notes: This document is written by several different hands.